21 lines
1.6 KiB
Markdown
21 lines
1.6 KiB
Markdown
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# Wellspring: Intellectual property
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Identified concepts are not patentable. Why not?
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* NDA is the secret path - gov't protects NDAs.
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* NDAs are suboptimal. Useful knowledge is kept secret because the discoverer has to wait to find an application.
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* What are the arguments against knowledge patents?
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* "Everybody will just patent every little thing". Ok, so what? That's a good thing: it'll encourage people to disclose useful knowledge in exchange for protection.
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* "Companies will have to pay exorbitently high royalties". If it is profitable to use an idea, then no cost is prohibitive.
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* "People will launch Denial-Of-Service attacks by registering concepts and refusing to license them". We can have a special cause of action for conceptual patents which will
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enable other individuals to
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Mathematical formulae are not patentable because they express inductive generalizations about nature.
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The produce of simulation is protectable as copyright.
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The produce of trust, reputation, credibility, credentials.
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The produce of applying concepts via a method is patentable.
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Computer programs are protectable because they are the application of concepts via a method.
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One solution for patent time limits would be to place a burden of proof on the owner of the patent to prove that they are actively pursuing its use and application in production.
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* The patent duration lasts from the beginning of the first commercial production.
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* Prior to the point of first commercial production, the owner has a right to exclude, but it may be lost if a competitor can prove that they aren't acting to bring it to market.
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